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Master Repurchase Agreement Template for Canada

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Key Requirements PROMPT example:

Master Repurchase Agreement

"Need a Master Repurchase Agreement for use between our Canadian bank and US-based financial institutions, incorporating cross-border elements and compliance with both Canadian and US regulations, with planned implementation by March 2025."

Document background
The Master Repurchase Agreement serves as the primary contractual framework for parties engaging in repurchase and reverse repurchase transactions in the Canadian market. This agreement is essential for financial institutions seeking to manage liquidity, finance securities positions, and conduct short-term secured lending operations. It establishes standardized terms for multiple transactions while incorporating specific requirements of Canadian federal and provincial regulations, including securities laws, banking regulations, and insolvency provisions. The agreement covers crucial aspects such as margin maintenance, income payments, events of default, and remedies, while ensuring compliance with Canadian legal requirements and market practices. This document is particularly important in the context of Canadian financial markets where repo transactions play a vital role in monetary policy implementation and liquidity management.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement

2. Background: Context of the agreement and general intention of the parties

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules

4. Initiation; Confirmation; Termination: Procedures for initiating transactions, confirmation requirements, and termination processes

5. Income Payments: Treatment of income on purchased securities during the repo term

6. Margin Maintenance: Requirements and procedures for maintaining margin, including margin calls and transfers

7. Payment and Transfer: Mechanics of payments and securities transfers

8. Events of Default: Definition of events of default and consequences

9. Remedies: Rights and remedies available upon default

10. Single Agreement: Clause establishing all transactions as part of a single agreement

11. Representations and Warranties: Standard representations and warranties of both parties

12. Covenants: Ongoing obligations of the parties

13. Notices and Other Communications: Methods and requirements for formal communications

14. Governing Law and Jurisdiction: Choice of Canadian law and jurisdiction provisions

15. Term and Termination: Duration of the agreement and termination rights

Optional Sections

1. Agency Transactions: Required when either party may act as agent for third parties

2. Tax Provisions: Detailed tax provisions when parties have specific tax concerns or cross-border elements

3. Force Majeure: Provisions dealing with extraordinary events affecting performance

4. Electronic Trading: Required when transactions may be conducted through electronic platforms

5. Buy/Sell Back Transactions: Include when parties contemplate buy/sell back transactions

6. Foreign Exchange Transactions: Required for cross-currency repos

7. Custodial Arrangements: Include when third-party custodians are involved

Suggested Schedules

1. Schedule A - Forms of Confirmation: Standard forms for transaction confirmations

2. Schedule B - Eligible Securities: List and characteristics of securities eligible for repo transactions

3. Schedule C - Margin Percentages: Agreed margin ratios for different types of securities

4. Schedule D - Agency Terms: Terms applicable to agency transactions if permitted

5. Schedule E - Events of Default: Detailed provisions regarding events of default and their consequences

6. Schedule F - Contact Details: Contact information for notices and margin calls

7. Appendix I - Tax Representations: Required tax representations and certifications

8. Appendix II - Electronic Trading Supplement: Terms governing electronic trading if applicable

9. Appendix III - Jurisdictional Provisions: Specific provisions required under Canadian law

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































































Clauses

















































Relevant Industries

Financial Services

Banking

Securities Trading

Investment Management

Insurance

Pension Fund Management

Public Sector Finance

Capital Markets

Treasury Services

Relevant Teams

Legal

Compliance

Trading

Treasury

Risk Management

Operations

Settlement

Documentation

Credit Risk

Portfolio Management

Fixed Income

Collateral Management

Relevant Roles

Treasury Manager

Securities Trader

Repo Trader

Legal Counsel

Compliance Officer

Risk Manager

Operations Manager

Portfolio Manager

Fixed Income Trader

Chief Investment Officer

Head of Trading

Collateral Manager

Settlement Officer

Documentation Specialist

Credit Risk Officer

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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